>> steve: thanks very much for joining us on this thursday. tomorrow, friday, that means geraldo rivera drops by. >> gretchen: he will. and we're going to have more with the cast from "a christmas story" in our after the show show. we can hardly wait. >> brian: you just finding this out for the first time? >> steve: who needs broadway when you got fox friends friends. see you tomorrow, everybody. bill: the syrian government confirming it's getting its chemical weapons ready and may use it. the assad regime prepared the nerve gas sarin and loaded it.

martha: i'm martha maccallum. president obama is warning assad that the whole world is watching his actions very closely, and if he were to use chemical weapons on his own people, it would clearly have large consequences for him. bill: secretary of state hillary clinton called an emergency meeting with the pentagon. >> the pentagon has contingency plans for everything including the chemical attack. it's believed according to a u.s. source that syria has put this sarin fast into cannisters that could be dropped from planes. these cannisters are designed to fracture so the devastating nerve gas could escape. but it's not known whether syria intends to use those chemical weapons. we think we have it in aerosol

form. the u.s. is making contingency plans in case bashar al-asaad leaves the country suddenly and flees somewhere for asylum which would leave a vacuum there. several countries in that region are trying to find a place for assad to go. secretary of state hillary clinton has a just-added meeting today in dublin, ireland. here you see her earlier today. she and the russian minister decided to meet with the envoy to syria. across barbra himybill: russia s discussion in moscow. earlier in a week there was a report it was pulling support

away from damascus. has that bent case? and why the relationship with russia so critical. >> reporter: it's one of the countries syria will listen to. russia could have sway over syrian president assad. >> the best issue we have is russia. russia stood up and told him to stop the chemical weapons issue and he backed off. but now he's back at it again. >> reporter: if assad does leave the immediate problem for the international community is who will take over in syria. then another key issue is how and who will secure the chemical weapons? bill: we are awaiting word from the pentagon and when that happt to you. martha: sarin gas is one of the

world's most dangerous chemical weapons. experts say it has 500 times as toxic quality as cyanide does. 100 milligrams, which is one drop, can kill the average person in minutes if he or she is not given an immediate antedote. bill: syria depend on money from its oil exports. 9% of which are purchased by europe. president bashar al-asaad ruled for 12 years after assuming the presidency under questionable circumstances can argue. regime allies aloud him to take

office at 32 years old. he was approved by a voter referendum of yes or no. martha: he rarely appears in public. january 11 he addressed a public rally in the capital city of damascus. after that march 27 he visited a former rebel stronghold to allegedly inspect the conditions there. his most recent appearance on june 3, he spoke before syria's parliament. we covered it here on fox. in that speech he denied reports his government massacred rebel fighters and civilians and he accused foreign terrorists of plotting to destroy his country. bill: . the government moving defense missiles to turkey. it will be defensive posture only. the western alliance is set to

okay those weapons. the patriot missiles not expected to arrive in turkey until next month. martha: let's go to egypt which is also very volatile at the moment. the presidential palace is looking like an armed palace. they stationed tanks after a night of deadly protests. the estimate is five people lost their lives. it's the violence in the two weeks we watched the protests that led over a mob made it way over to the presidential balance has. we saw the live scenes with steve harrigan. since mohamed morsi, the president there assumed near absolute powers through a constitutional move. he and the muslim brotherhood have been doing things that have a lot of people concerned in terms of ramming through a very controversial new constitution that the people have been very

unhappy about. what's going on there. come back home now for a moment and take a look at the latest numbers we have got on the u.s. economy. the weekly unemployment numbers came in as they do every thursday. the labor department reported 370,000 americans filed for first-time unemployment claims. either way, either way, folks, your taxes will go up despite the haggling going on on capitol hill. you will be paying more to the u.s. government. stuart varney joins me now. so, stuart, that's the bottom line. this is what people i think across the country are starting to realize no matter what they negotiate, 2013 will be different for most of us. >> this is the untold tax story. everybody has been concentrating on tax the rich, yes or no. but the payroll tax holiday goes away january 1.

neither political party wants to keep it going, therefore the tax -- the social security tax for everybody who works goes up as of january 1. that will take $120 billion out of the economy. it is a tax increase of $120 billion. martha: the bush tax cuts and letting them go versus this increase. how does it all balance out? >> reporter: just consider this. you reported 370,000 people filed for first-time unemployment claims last week. that's a high number. forget about sandy, 370,000 is a high number. here we are raising taxes on everybody who worked by $120 billion. maybe we'll also raise taxes on richer people, wealthier people. raise the tax on dividends and interest and capital gains. that amount to a big tax

increase in a weak economy. should we be doing that? >> what we are told is all across the board this is what has to happen. we need revenues brought into the federal government. a lot of people unhappy with that model. but that what's they are arguing. >> reporter: that's what they are arguing. but the president wants higher tax rates on the rich web's standing firm on that. the republicans are not going to say caved but they agreed to $800 billion in extra tax revenues over 10 years. so yes a tax increase is coming in one form or another. and you add that to the payroll tax increase and you have got a big tax increase coming count pike in a weak economy. martha: it will hurt across the board from the top to the bottom. everybody's financial picture will look different in the new year. bill: prince william's pregnant

wife has been released from the hospital. a smiling duchess of cambridge heading home. she had been in the hospital for severe morning sickness. they moved to kensington palace where she has been ordered to take it easy. she looks great. martha: poor thing. you are leaving the hospital. you have got to do your hair and smile for the cameras when you feel lousy. bill: what a media frenzy this has been already. it's just the beginning. england has that to watch all over the kingdom. martha: we are just getting started. lots going on. a new green energy project funded by you the taxpayer. did you know you are one of the prime investors in a new electric car battery? bill: there are new concerns about a north korean rocket

launch any day. a top u.s. commander labeling it very dangerous. what is the u.s. doing in response? martha: back at home lawmakers get a look at this video now from the deadly libya terror attack scene. why one congressman said before this happened it looked like people were milling around like a miami street party, then what happened. >> this is supposed to be sovereign u.s. territory, and if people can just come and walk in on us like that without any kind of resistance, really makes your blood boil because you are thinking to yourself. where is the security? progresso this reduced sodium soup says it mahelp lower cholesterol, how does it work? you just he to eat it as part of your heart healthy diet. step 1. eat the soup. all those veggies and beans, that's what may help lower your cholesterol and -- well that's easy [ male announcer ] progresso. you gotta taste this soup.

tdd#: 1-800-345-2550 at schwab, we're committed to offering you tdd#: 1-800-345-2550 low-cost investment options-- tdd#: 1-800-345-2550 like our exchange traded funds, or etfs tdd#: 1-800-345-2550 which now have the lowest tdd#: 1-800-345-2550 operating expenses tdd#: 1-800-345-2550 in their respective tdd#: 1-800-345-2550 lipper categories. tdd#: 1-800-345-2550 lower than spdr tdd#: 1-800-345-2550 tdd#: 1-800-345-2550 and even lower than vanguard. tdd#: 1-800-345-2550 tdd#: 1-800-345-2550 that means with schwab, tdd#: 1-800-345-2550 your portfolio has tdd#: 1-800-345-2550 a better chance to grow. tdd#: 1-800-345-2550 and you can trade all our etfs online, tdd#: 1-800-345-2550 commission-free, from your schwab account. tdd#: 1-800-345-2550 tdd#: 1-800-345-2550 so let's talk about saving money, tdd#: 1-800-345-2550 with schwab etfs. tdd#: 1-800-345-2550 schwab etfs now have the lowest operating expenses

tdd#: 1-800-345-2550 in their respective lipper categories. tdd#: 1-800-345-2550 call 1-800-4schwab tdd#: 1-800-345-2550 or visit schwab.com tdd#: 1-800-345-2550 to open an account today. tdd#: 1-800-345-2550 funding is easy tdd#: 1-800-345-2550 with schwab mobile deposit. tdd#: 1-800-345-2550 investors should consider tdd#: 1-800-345-2550 carefully information d#: 1-800-345-2550 contained in the prospectus, d#: 1-800-345-2550 cluding investment objectives, d#: 1-800-345-2550 risks, charges, and expenses. d#: 1-800-345-2550 you can obtain d#: 1-800-345-2550 a prospectus by visiting tdd#: 1-800-345-2550 w.schwab.com/schwabetfs. please read the prospectus tdd#: 1-800-345-2550 carefully before investing. tdd#: 1-800-345-2550

martha: secretary of state hillary clinton is in dublin attending a conference with other foreign ministers. she is expected to speak on human rights. there are concerns syria may be

ready to use chemical weapons on their own people. we'll monitor her speech if this comes up. bill: that's the story of the morning. there is a briefing at the pentagon as north korea gets ready to launch a long-range rocket. they are claiming they are putting a satellite in orbit. the region is on alert and south korea protesters burning pictures of the dictator kim jung un. >> this is against the u.n. security council resolutions and we are monitoring the situation closely. and working very closely with the self-defense force and the ministry of defense. this is a dangerous situation. and we do not support those actions right now by north

korea. bill: steven yates, sir, good morning and welcome back here to america's newsroom. it's been some time since we talked about this issue. now it's back and on the plate. >> any time you are dealing with long range missile capability it will be a concern. we have thousands of troops stationed in japan and korea. there is talk of being able to reach los angeles or the western coast. no north korean test so far has reached that near abroad. bill: what would korea want to prove with this launch? >> always dangerous to try to climb into the mind of a north korean leader. but there would have to be a

domestic component to the situation. there are important elections taking place in japan on the 16th and south korea on the 19th of this month. well within the range of this test that is scheduled to come in the coming days. influencing their neighbors and influencing politics and testing new ground with what would a second-term approach be with obama. bill: this is what we believe to be the ultimate range. 5,000 to 6,000 kilometers. 3,700 miles. china to the west here. in japan well within range of north korea were to be successful in developing this launch mechanism. here is hawaii. that's outside the range of the 6,000 kilometers. the question then begs how realistic is it that north korea

would be a threat to the united states? >> through pro live raig they could be a threat to the united states. and if they were to hit our allies in the near range. in the south and also japan. those are the near-term risks. but proliferation could occur at any time. they were able to reach to hawaii ... bill: history shows they are not very good at this. are they getting better? >> only more tests will tell. you are correct history has shown it's been embarrassing for them. you would have to ask if you were rational why would you take a high-risk test like this with so many eyes watching? bill: you mentioned the obama administration. how are they reacting? was is our response?

>> our response tends to look first to the yate united nation. there is talk of proportional sanctions being considered at the security council should north korea test. but it's clear that is not going to change the trajectory of north korea's per suit of a nuclear program. bill: steven yates, thank you. we are watching this, sometime we believe in the coming days to 10 days. here's martha. martha: $120 million to develop the next electric car battery. it's not an independent venture. you are paying for it. the u.s. taxpayer. we'll tell you about the government's latest gamble with

your money. bill: one man' home survived superstorm sandy. but it did not make it through the recovery. >> the township didn't know what happened. i called the governor' office and she said to me, are you sure your house is gone? i said, miss, you miss place a pen or pencil, you don't miss place a house. ♪

i wish my patits could see what i see. ♪ that over time, having high cholesterol and any of thesrisk factors can put them at increased risk for plaque buildup in their arteries. so it's even more important to lower their cholesterol, and that's why, when diet and exercise alone aren't enough, i prescribe crestor. in a clinical trial versus lipitor, crestor got more high-risk patients' bad cholesterol to a goal of under 100. [ female announcer ] crestor is not right for everyone.

like people with liver disease or women who are nursing, pregnant or may become pregnant. tell your doctor about other medicines you're taking. call your doctor rht away if you have muscle pain or weakness, feel unusually tired, calhave loss of appetite, upper belly pain, dark urine or yellowing of skin or eyes. these could be signs of rare but serious sideeffects. ♪ is your cholesterol at goal? alk to your doctor aut crestor. [ female announcer ] if you can't afford your medication, astrazeneca may be able to help.

martha: like it or not you have just become the proud owner of an investment in the car of the future. the government has set up a battery research center. as an investor we think you

ought to know. charles payne joins me now. so a lot of interesting ways we have seen through sli through s. they feel like it's in the national interests to do this so they want to do it with taxpayer money. >> it's a ridiculous idea. the rationale that the government has to do this because batteries touch all of our lives. now they are trying to couch it as a national security interest, piggy backing off the republican argument if we took care of our own natural resources we would have better security. we backed a lot of these projects already. recently a company filed for bankruptcy and they went down with $250 million of our dollars. the private sector. now you have a rival that has unlimited money ultimately through taxpayers but also gets

to make the rules. the reason battery power would get better and every facet of our lives have gotten better is through competition. martha: you are saying because the government is involved it makes it less attractive to get into this zone because they know they are competing with the u.s. government. >> tesla does 260 miles on a charge. they cost more than the volt. but the stock is doing extraordinarily well. it's a company that ultimately i think will be successful. as demand for this evolves -- martha: it does feel like people are becoming more interested in these cars. it's taken 20 years to get these off the map. so it may be the market forces do start to drive this in the government decides to stay out of it.

but you were mentioning an interesting example to me that has to do with natural gas which i think is an interesting parallel. tell everybody about that. >> i'm recommending a company that takes natural gas and liquefy it and send it to other countries. it's less than $3 here and $16 in japan. they are raising $11 billion to make sure this happens. from the private sector, from the capital market. the government will have to dig a lot deeper in our pockets. $100 million is a lot of money to lose for taxpayers but it's a drop in the bucket if you are going to revolutionize battery technology. martha: charles, thank you for your perspective. bill: and a stock tip, too. martha: he add that in.

>> when it goes to 20 i'll come into your office. bill: 26 minute past the hour. syria's government might be on the verge of using chemical weapons. would the united states be forced to intervene? general jack keane is live on that next. martha: how about this harrowing standoff. we are going to tell you about the chaotic end to this potentially very dangerous situation. we'll be right back. [ male announcer ] red lobster's crabfest ends soon. hurry in and try five succulent entrees, like ourender snow crab paired with savory garlic shrimp. just $12.99. come into red lobster and sea food differently. and introducing 7 lunch choices for just $7.99.

[ male announcer ] with free package pickup from the u.s. postal service the holidays are easy. visit usps.com. pay, print, and have it picked up for free before december 20h for delivery in time for the holidays. you can even give us special instructions on where to find it. free package pickup. from the u.s. postal service. because it's nice to have an extra pair of hands around for the holidays.

[ male announcer ] are you on medicare? do you have the coverage you need? open enrollment ends friday, december 7th. so don't wait. now's the time to get on a path that could be right for you... with unitedhealthcare medicare solutions. call today to learn about the kinds of coverage we offer, including aarp medicarecomplete plans insured through unitedhealthcare. these medicare advantage plans can combine parts a and b, your hospital and doctor coverage... with part d prescription drug coverage, and extra benefits... all in one complete plan... for a $0 monthly premium. no more than what you already pay for medicare part b. unitedhealthcare doesn't stop there. we'll cover 100% of your preventive services... like an annual physical and immunizations... and you'll have the flexibility to change doctors within one of the nation's largest networks,

dedicated to helping you live a healthier life. other benefits can include vision and hearing coverage -- and the pharmacy saver program gives you access to prescriptions as low as $2... at thousands of pharmacies across the country, in retail locations like these. ♪ call to enroll today and enjoy these benefits... for a $0 monthly premium. most plans also include part d prescription drug coverage. your healthcare needs are unique. that's why, with over 30 years of medicare experience, we're here to guide you every step of the way. open enrollment ends december 7th. so don't wait. if you're medicare eligible, call now... and talk to unitedhealthcare about our plans, like aarp medicarecomplete. let's get you on the right path. call today.

♪ bill: the bizarre week-long manhunt for an eccentric software giant. mcafee claimed he went on the run because he feared for his life and was the victim of overzealous police. >> the government sent 42 armed officers on to my property. they broke in, they stole, they killed my dog. they charged knee with every crime from running a laboratory without a license to hiring security guards without a license. bill: phil keating is live with

more on this. how did police catch him. >> reporter: his own bizarre flap buoyancy and the gps locator in his cell phone. he has been living in hiding with a 20-year-old girlfriend mostly in central america of belize which is south of mexico's yucatan peninsula. he was relishing in the internet fascination with his disappearance. dyeing his hair, giving a few interviews. wearing disguises. he hoped for amnesty in guatemala. in the end he did not get. but he was defiant to the end. >> they are trying to arrest me for coming here illegally. bill: he was supposed to have a muse conference in guatemala i yesterday.

that got delayed and it's not happening now. police in belize have not called him a quote suspect. they have called him a person of interest and it does make sense they would want to talk to him. since 2008, mcafee whose cyber software company reportedly netted him $100 million before living there. he's been living in belize but apparently on the ground he had several dogs who were aggressive and barked a lot. one day the dogs were poisoned. hours later the neighbor is dead. mcafee says the timing of his dogs being poisoned by a man who hated his dogs and the man being shot in the head is a coincidence.

martha: syrian military is waiting for orders after loading nerve gas chemicals into their weapons. this move comes as clashes with the rebels continue to intensify throughout the country. clearly the leadership of bashar al-asaad is feeling on the ropes at this moment and the u.s. is warning the assad regime against crossing what has been laid down as a red fine this issue. that would be the use of chemical weapons which we could not tolerate. watch this. >> the world is watching. the use of chemical weapons is and would be totally unacceptable. and if you make the tragic mistake of using these weapons there will be consequences and you will be held accountable. martha: strong words from president obama. joined by retire four star general jack keane.

good morning, good to have you here. where are we going with this? >> well, we don't know what he's going to do. but clearly our intelligence and operational planner are considering the opening and that is he would use it. the fact of the matter is, 40,000 people have died in his attempt to preserve the regime. the only reason he has those weapons are to guarantee regime preservation. we have toe assume if pushed assad would use those weapons and we have to be prepared to preempt the use of them. >> there are reports he's considering different places he could go into exile. so if he's thinking about leaving it would make it less likely that he would go to this extreme to use chemical weapons. if he wants to hang on to power and feels backed into a corner and on the ropes. he needs to feel there might be

an ability to hang on in order to go forward. >> if he many going to exile that's another matter. if he's going to stay and fight to the end, this is an option our planners are considering. i don't think he takes our threats that seriously. the truth be known. it sounds tough. they are very vague. there is nothing specific about them. he sees the united states diseven garage the middle east and radical islam is on the rise. he understands the united states has been less engaged and we are not obviously very engaged with the opposition forces in syria. i'm not convinces he takes our threats seriously. >> what do you think the larger implications are. this is a fight that started to move act borders into turkey, destabilizing impacts on places

like jordan as well. what is the big picture. >> the volatility of the if middle east and the change sweeping through it. the fact of the matter is syria will impact on the countries surrounding it. the kurds while they are saying they aren't going to take any action. it's a known fact the kurds want a separate state. this is an opportunity to unite the kurds in the region and use syria as part of that. the al qaeda are in syria as part of the opposition. you could make a case in the east where they demonstrated some strength that they would declare that the islamic emirate of syria and establish that as a base for a future al qaeda operations. jordan has problems right now. it's not very public. but the fact of the matter is the king is being undermind and there are serious challenges to his continuing that regime as we

know it. so there are significant problems here. martha: it sounds like the case scenario you are describing is a realignment of these nations. an islamist rule put in place in many of these countries. we have seen the impact of that happening in egypt. we know hillary clinton is speaking with the foreign minister of russia this morning. what do you expect -- in an optimistic perspective, what can be done at this point to reexert our influence in a positive way in the region and do you think there is a chance of that happening? >> i think they will eve enjoine russians. they have a base on the mediterranean. they have a significant relationship with syria. i don't think they are walking away from assad anytime soon. megyn: if these chemical weapons are used, what do you expect the u.s. reaction to be?

>> i would hope they would do something about it before they are used. and our intelligence service would see the weap weapons for deployment and the readiness to use them. and those sites being prepared, the israelis would want to bomb those sites. it depend on where the site is and its approximate i amity to population centers and it depend on what type of agent is at that site. nonetheless. the second problem we have, martha, and the one that concerns us quite dramatically. some of these weapons fall into the hands of radical groups that would use them as terrorist weapons later on. that would mean at some point regardless of how this conflict will end. we would have to secure those chemical sites. we wouldn't do it by ourselves buff it would be a regional approach to secure those sites. megyn: so many concerns on so

many levels. general keane, thank you, good to talk to you this morning. bill: the irony of what's happening in egypt. when his father carried out that massacre it was against the muslim brotherhood. so all this stuff is coming back around. you can argue it has never gone away. there is no doubt you have seen the commercials. promises of b for something called a reverse mortgage. but what you do not know could put you out on the street. an alarming report on that. martha: lawmakers briefed on benghazi says a video they saw tells them what they need to know about that attack. the fact that it was in no way the result of a spontaneous street protest. what they saw on the video. the impact that could have on this story. .so as you can see, s customer satisfaction is at 97%.

mmmm tasty. and cut! very good. people are always asking me how we make these geico adverts. so we're taking you behind the scenes. this coffee cup, for example, is computer animated. it's not real. geico's customer satisfaction is quite real though. this computer-animated coffee tastes dreadful. geico. 15 minutes could save you 15 % or more on car insurance. someone get me a latte will ya, please? and with my bankamericard cash rewards credit card, i love 'em even more. i earn 1% cash back everywhere, evertime. 2% on groceries. 3% on gas. automatically. no hoops to jump through. that's 1% back on... [ toy robot sounds ] 2% on pumpn pie. and apple. 3% back on 4 trips to the airport. it's as easy as.. -[ man ] 1... -[ woman ] 2... [ woman ] 3. [ male announcer ] the bankamericard cash rewards card. apply online or at a bank of america near you.

well, having a ton of locations doesn't hurt. and a santa to boot! [ chuckles ] right, baby. oh, sir. that is a customer. oh...sorry about that. [ male announcer ] break from the holiday stress. fedex office.

martha: we have video of a chaotic police takedown. it breaks out into a melee. he was trying to scale the porch. the 26-year-old. the police came crashing down with him and onlookers rushed in and police struggled to keep them back. he was brought in on attempted murder charges, that young man but refused to give up. he barricaded himself into his house and the police did arrest him. that was the end what you saw of a 10-hour standoff. bill: lawmakers were briefed at a closed door meeting saying they found a video from the attack disturbing. one congressman says that the images of looters leaving the

charred u.s. consulate has the look of a street party in miami. but they say there is no sign of a demonstration. what about all this? doug schoen, monica crowley, both radio talk show hosts and fox news contributors. no angry mob according to the description of those who watched it and no organized demonstration. monica, what do you take from that. >> the picture of what went down on september 11 is becoming increasingly clear and the fundamental questions remain, why was that benghazi facility left oh vulnerable after weeks and months for repeated requests for more security. what were ambassador stevens and others doing there on september 11. who gave the order to standdown as the attack what is taking place. we know from the videos the

administration was aware of what was napping realtime. the biggest question of them also far is who came up with the fiction to blame it on this video and who gave the order for ambassador rice and others to go out there and spin this tale which they knew from the beginning was not true. bill: we heard this from some of these members of congress. some of them remain anonymous. you see them walking out with x-boxes. suits on hangers. the street party in miami. monica brings up a series of questions. i don't think you disagree with her. >> no, i don't at all. this is not a partisan issue. this is an issue of facts. i wish i could disagree with monica and say we have answers. we have no answers on the talking points, we have no answers on why we didn't get aid to the four now tragically killed americans including ambassador stevens.

why we didn't respond quicker. we have no explanation how and why the talking points got edited. with this footage we see what is plain old-fashioned looting which is completely inconsistent in my experience with a street demonstration. bill: i don't think a lot of people disagree with you. it's fascinating how technology is changing investigations like this. the director of national intelligence james clapper said this. he said i are trying to put this in plaque and white terms. you are trying to look at it in simplistic ways. about it was 9/11. it's not that simple. the video was being played and being protested against in other arab countries around the world. there were demonstrations in cairo. just take his argument for a moment. >> i would respectfully disagree with the director of national intelligence. sometimes things are very clear and sometimes they are black and white. this was a black and white issue

of an islamic terror attack. is there not a big mystery about what went down and the fact is that clearp and others in the administration knew this. when we talk about the fiction of the video and the lies spun to the american people we attempted to focus on ambassador rice because she what is the first high-level person who went out on the five shows. but remember, bill, the president of the:united states, the commander in chief gave a speech right after that at the u.n. where he also spoke about the video. where did that lie come from. who came up with the tale and who ordered everybody to go out with a lie. bill: does this move the story forward in any sense. >> it doesn't change the bottom line questions you and monica articulately outline. we still have more questions, no answers. and we have got to get answers

whether we are democrats or republicans. we can't let this die on the vine. >> the key question is what were they covering up. bill: monica, thank you. martha: $35 billion in taxpayer cash has been funneled into what one senator call a wasteful group much government expenditures, all designed to keep us safe. and are they working? that comes from a new report by senator tom coburn. tell me what you think about this. sent me a tweet @marthamaccallum. bill: your home survives hurricane sandy only to vanish days later. hear from a man who said this happened to his home. >> i never saw anything like this in my life. when i took my wife down a week later she what is crying her eyes out in the street.

bill: audiotape from a suspected burglar who botched a robbery and called police to save him from a tks family who held him at gun point. >> wham your emergency. >> he has a gun on me. >> i point the gun at him and asked him what the hell he was doing in my house. he said his name was lance. i said what are you doing in my house. he says unlucky. he what is just unlucky. bill: indeed. police arrived. arrested the suspect. no shots were fired. martha: a family that was

devastated after returning to the jersey shore finding their summer home and all of its contents gone. here is the catch. the entire thing wasn't wiped out by hurricane sandy. but by the bulldozers of the state. our fox affiliate has the story. >> about 15 years. >> reporter: nick maria gets emotional when he talks about his home that suddenly vanished three weeks ago. >> it's very sad. >> reporter: two weeks after hurricane sandy residents were allowed to return to gather their belongs. but when he arrived his home and everything in it was gone. all that was left was a plot of land. >> i took my wife down a week later and she was crying her eyes out opening the street. report are says he immediately

started making phone calls. >> the township didn't know what happened and i called the governor's office. she said to me, "are you sure your house is gone?" >> reporter: this shows maria's home to the right. it shifts off its foundation but was still standing. he says he was never told that his home would be demolished and all his possessions thrown away. >> i wanted to know where my house went, why i wasn't afforded the opportunity to get my belongings. he contacted the department of transportation that got this letter. the d.o.t. did not remove any structure that wasn't on the road wade. our objective was to open the roadway. but here is the problem. maria said his home was not blocking a roadway and he says this picture proves it. >> it was not in the street.

the utility pole was standing there. >> reporter: they are telling us the utility pole was the problem in a statement it says the structure was pushed off its foundation and jammed against another house in the middle of the street. our crews did not take down any structure until it was deemed to be unsafe. maria says he's hired a lawyer and figuring out what to do next. his plans for the future are on hold. >> beautiful town, beautiful area. i was thinking about coming to retire here some day. not right now. martha: i smell a lawsuit against the state perhaps. that what is cary drew from fox new york reporting. bill: the islamic power struggle turning deadly. protesters are dead as tanks guard the presidential palace.

we are live in cairo as nightfall becomes a reality. martha: there are new recommendations on who should be fired over the operation fast & furious fiasco. is this the end of the saga that began with the death of that border patrol agent brian terry. >> something bad happened out there that night. i know what happened. i have got a gut feeling more than you are telling us.

martha: fox news alert. violent street battles in egypt overnight leaving at least seven people dead. [chanting] martha: listen to the strength of that kroeu crowd and the anger bubbling within it the supporters and opponents of president mohammed morsi stormed up to the gates of the palace there, then they gotten to this

clash that you see playing out in cairo. the egyptian military is warning the demonstrators from both sides that they must clear out. they have set up tanks and barbed wire to achieve that goal. very volum volatile times right now. that's how we start a new hour of america's live. i'm. >> caller: bill: i'm bill hemmer. many define the military orders staying camped out overnight. the violence comes as president morsi talks to leaders about to stabilize the country. martha: david miller joins us from our mideast bureau. it seems like the violence is really reaching a new level right now, david lee. >> reporter: you're right, martha. for the first time here we are really witnessing egyptian against egyptian in the streets of cairo. the latest clashes taking place outside of the presidential palace. on one side as you mentioned the

supporters of president mohammed morsi, on the other side secular groups oppose morsi and the islamists, it's sewing they can't agree with. each side through rocks and bottles, there were gunfire. 600 have been injured. the commander of the republican guard tried to assure egyptians that it is not going to take sides. the republican guard are tasked primarily with protect being the president in the presidential compound. in the last few hours the guard ordered protestors to leave. tanks this been brought in, armored vehicles, we are told that morsi supporters have withdrawn. the opposition says there will be more protests. we have seen clashes in a number of other cities, including the city of alexandria the second largest city in egypt. it looks like there is a lull right now in the violence but the two sides have not yet resolved this conflict, not

anything close. martha: is there any hopes for a framework, or something that might change this. allow it to be resolved peacefully, david lee? >> reporter: we are told that the president, the egyptian president is going to make an address on television in the next few hours. we are also told that during the day he has met with army chiefs and his ministers to try and come up with some way to stabilize the country. we've got a live picture outside the presidential palace right now, and the situation there at this hour does remain tense. egypt's vice president said he has -- these are his words, personal ideas to resolve the dispute, to come up with amendments that would be applied to the proposed constitution that would be agreeable to the opposition, but right now the position of the opposition, martha, is this. there will not be any dialogue, dialogue will not take place until morsi says there will not be a referendum on the constitution and he withdraws

the additional powers that he took on a few weeks ago. right now the deadlock continues, the position from the opponents of morsi, one of their leaders says as far as they are concerned morsi is essentially the new hosni mubarak. martha: doesn't sound like much of a negotiating position on either side. david lee miller, thank you very much. bill: fox news alert now on a live look on dublin, ire rand. hillary clinton speaking on humanitarian issues there as she just called an emergency meeting with her russian counterpart, this to try to to deal with the crisis in syria. a story that went to a whole new level late last night. chief washington correspondent at the state department this morning. what do we know today, james. >> reporter: bill and martha good morning to you. u.s. officials confirm to the fox news pentagon team late last night that the sarin gas in

possession of the syrian government has been mixed and is ready for use against the syrian people should the bashar al-assad regime take that deadly des*eufplgt desession. the rebel forces say they have surrounded an air base and they are engaging troops on the road to the damascus airport. the gas is deliverable in several ways but officials here believe it has been placed in fracturable canisters, the kind that can be dropped by planes. here is greta van su van sus string. >> surb sha needs to stanrussia needs to stand up and hopefully they will. some of the arab countries are trying foe find a which to get him out. >> reporter: at this time no u.s. naval assets have been tasked to help with the crisis.

the eisenhower andee wha are headed home. bill: there are reports that bashar al-assad will try to seek asylum in another country. is there any indication that that could happen at this time and he would leave. >> reporter: from all outward indications, no. it seems he's hunkering down. he says all the talk of chemical republicans is a conspiracy and a pretext for other nations to intervene in syria's two year civil war. he also said bashar al-assad will never, ever, leave his country. soak of state hillary clinton as you mentioned as arrived in dublin, ireland, that was late yesterday and that is ahead of today's meeting of the foreign ministers of the organization for security in cooperation in europe. western diplomats are preparing for a friends of syria session in morocco next week where they'll plot out how to stand up a new government in the event that the bashar al-assad regime falls swiftly. bill: we watch this story by the

hour. james rosen at the state department. martha: there is a new government push to warn elderly homeowners about the dangers of taking out reverse mortgages. right now in america according to the department of housing and urban development some 57,000 seniors are looking at risking their own homes through these programs. fox business network cheryl casoni joins us now. 57,000 seems like a very high number. the commercials of course that we all see seem to make this a very safe way to sor sort of draw on the equity of your home when you need it. what is going on here. >> reporter: you're correct. the commercials make it look wonderful. who is not going to believe henry winkler when he's telling you something on your television. many reverse mortgages are accused of being predatory loans targeting evidence and there is a lot of evidence to back that up. you qualify for this when you reach 62. if your spouse is not yet 62 the spouse does not get on to the home loan. if something happens to you your

spouse is then kicked out of your home, that is one of the reasons we see the numbers go so far and the financial hardships also that many americans have been seeing. if you take it out at 62 and you take a 20 year loan, a 30 year loan, what if you live past that loan? you have no necessary egg, no savings. medical bills u may need hospice care and you have no cash at the end of the day. they are very controversial and a lot of advisers advise against them to be honest with you. martha: this is a case of people needing to understand what they are getting themselves into, buyer be ware. >> reporter: the consumer protection bureau sent a huge report about the exact issue, reverse mortgages. they are telling congress you need to reduce the limit. there might be a move by hud today. there are other options for homeowners out there if you find yourself older and your house is in danger you can sell the home, you can takeout a home equity line of credit, that is one option to get you through, you can downsize, sell that home,

buy a smaller home with the proceeds of that sale or sell the home and then rent something. there are other ways that you don't need to take the reverse mortgage option. it's a dangerous math and also the fees, martha are very high, and the fees, they are paying them up front. martha: good advice, thank you very much. bill: for something a little different right now, getting ready for a zombie apocalypse. martha: oh, boy. bill: that, folks is not a hollywood movie, it is a tax-payer funded drill by the department of homeland security, your government. and there is a lot more where this came from. martha: oh, boy. senator tom coburn joins us with that on the latest report on government waste, there he is we'll be with him in a moment. they say america doesn't have anything to worry about, bill

clinton calling everybody out. bill: bob co stas going head-to-head with bill o'reilly about his recent on air attack about gun and a gun culture in america after the murder-suicide of an nfl player and his girlfriend. >> obviously americans have a right to bare arms i'm not looking to repeal the 2nd amendment. i have i have not immersed myself in it all my life. i never called for a probation on guns, never used the words gun control ♪ [ male announcer ] campbell's green bean casserole. it's amazing what soup can do

bill: a rescue effort after a deadly accident inside of this water tower in eastern pennsylvania when equipment malfunctioned sending a member of the cleaning crew plummeting to his death inside and left another suspended for hours. the firefighters on the scene taking extra precaution while rescuing that second worker. >> he was talking to us from the

one set that's why this was not an immediately 4 rushed operation. we took our time and put all the safety -- as much safety into the system as we could. bill: a job well done to that man anal others. a third work ownre the floor ever the 80-foot tall tower was not hurt. martha: there is a bombshell new report on the homeland security department that points to more than $35 billion in taxpayer expenditures that this report claims were wasteful. among them, this one example, there are many examples in this report, but one thousand dollars in entrance fees per person for a zombie apocalypse summit in san diego that was meant to simulate a real-life terrorist attack to sort of practice the reactions and the zombie bit was sort of the vehicle for practicing preparedness in that case. $257,000 for an armored truck in

fargo, north dakota, a cities that has no more than two murders happen each year but they have this huge armored truck, extremely expensive. the truck has been used for training purposes and appearances at an annual picnic. and $98,000 for an underwater robot in columbus, and apparently there is not a lot of water in the area where they have that underwater robot. those are samples of some of the stuff on here found to be wasteful in this report. i'm joined by oklahoma republican tom coburn, the senator behind this report. he has dedicated a lot of his career trying to find the wasteful perhaps programs that are in washington. he's a member of the homeland security department also. obviously the homeland security department was created after september 11 this to find ways to make us more secure as a nation. when these communities say they

need this money for training purposes to be ready in the event of an attack it seems on the face of it like a good idea, right? >> well, these are called urban area security initiative grants. the whole idea was to take the top cities in america that were most likely at risk for terrorism and harden them, and help the states, and those cities, get them to a point where we had a markedly decreased risk for terrorism attacks. the problem with the administration, a lot of this money has been well spent. that wasn't the purpose of the report. the purpose of the report is to show that, number one, is we don't have any metrics or measurements to say how our money is being spent, so we are not following it well as outlined by the examples that you gave. number two is this at one time expanded over 60 cities, which is ridiculous. number three is a lot of the money is being spent not for hardening those cities and preparing for the future, but to

pay every day expenses, which is not the purpose of the grants. and number four is to show the incompetency of the department of homeland security when it comes to actually making sure the money they are sending out there is spent on something that actually does the purpose for what the bill was passed for in the first place. martha: hallow says that the zombie demonstration that we showed was not paid for by taxpayer dollars in their assessment of it. this was in san diego. the police officers and rescue workers were allowed to use homeland security grant money to cover the cost of a five-day counterterrorism conference that was held at the paradise point resort and spa, thousand dollars conference fee and it included the zombie apocalypse event where they dressed 40 actors to dress as undeed. what is your reaction when they

say they didn't spend homeland money. >> all money is fungible. this department and specifically the department of homeland security is not doing a good job in managing grants and making sure the money based on the application of the grant is spent the way it's supposed to. the second thing we know is these have become almost entitlements that the same amount of money goes every year rather than initially to set up and prepare the cities so that the infrastructure would be there and that the federal government would quit sending money. so, you know, it's like reagan says this the closes thing to eternal life is a federal government program. in the light of where we are today, this government sends $800 billion a year out in grants. i would tell you 200 billion of it is wasted and we ought to be about finding that. martha: as you point out, some of them scramble at the end to spend the money so that they'll get the same amount of money the next year because they don't want to be accused of not needing it. >> that's right. martha: that is a huge problem. you've spent a lot of time

working on this over the years. thank you very much for the work that you do and for being with us today. >> thank you. martha: great to talk to you senator, see you soon. bill: makes your head spin. wrist the logic. martha: depressing. bill: new information on that young girl taken from the hospital by her mother. she has a catheter in her heart. why the family now claims they did it, and where the young girl is today. martha: new information on that today. and there is some movement in the fast and furious investigation, as the family of a murdered border agent still today seeks some justice for the loss of their son. >> i just want justice for brian, and i want them to realize that, you know, he loved his country, and he was an american hero to me, and i just think that he would want to be remembered like that. i've worked hard to build my family. and also to build my career.

so i'm not about to always let my frequent bladder urges, or the worry my pipes might leak get in the way of my busy lifestyle. that's why i take care, with vesicare. once-daily vesicare can help control your bladder muscle and is proven to treat overactive bladder with sympts of frequent urges and leaks day and night. if you have certain stomach or glaucoma problems, or trouble emptying your bladder, do not take vesicare. vesicare may cause allergic reactions that may be serious. if you experience swelling of the face, lips, throat or tongue, stop taking vesicare and get emergency help. tell your doctor right away if you have severe abdominal pain, or become constipated for three or more days. vesicare may cause blurred vision, so use caution while driving or doing unsafe tasks. common side effects are dry mouth, constipation, and indigestion. i've worked hard to get to where i am... and i've got better aces to go than always going to the bathroom. so take charge of your symptoms by talking to your doctor and go to vesicare.com for a free trial offer. do you have the coverage you need? open enrollment ends friday, december 7th.

so now's the time to get on a path that could be right for you... with unitedhealthcare medicare solutions and plans including aarp medicarecomplete, insured through unitedhealthcare. call today to enroll. these medicare advantage plans can combine parts a and b, your hospital and doctor coverage... with part d prescription drug coverage, and extra benefits... all in one complete plan... for a $0 monthly premium. no more than what you already pay for medicare part b. other benefits can include 100% coverage for an annual physical and immunizations, vision and hearing coverage -- and prescriptions as low as $2... at pharmacies and retail locations like these. ♪ don't wait. let's get you on the right path. call today to enroll in a plan from unitedhealthcare, like aarp medicarecomplete.

bill: there is new fallout now into the investigation into the operation known as fast and furious, a disciplinary panel recommending that these four senior managers at the atf be fired over the botched gun-running sting. that is the headline of the game and that brings up the bya, because you asked off of twitter. kathy parks writes, what happens with fast and furious now? is the case over or is it far from over. jay seculo, works for the center who supports a lawsuit and urging the justice department to turn over documents in the case that jay, i know you believe are critical. >> absolutely. bill: by the way a panel has to move on this. no one has lost their job yet. is this the end of it? >> no, this is the next logical step in an investigation that is

taking too much time to get there. i think the right decisions were made with senior atf officials being recommended, as you said recommended for termination there is still a review process that goes on and these were the ones responsible for the actual implementation of fast and furious. the fact ever the matter is this is only the beginning. the real problem here besides the tragic defendant the border patrol agent se which is unbelievably sad and tragic and the family deserves answers, the department of justice still has not rendered documents necessary for congress to complete its oversight activities. these why you have this civil contempt action in federal court right now. that's on going. you also have the chief of staff -- bill: give me a sense of what is in the documents that would tell you or us what happened? >> well, what we have to find out is exact why the department of justice in february issued a letter saying there was no gun walking at all, whatsoever, no

such activity took place, and eight months later they revoked that letter and said, we made a mistake that is not true. bill, if you were called to testify before a senate panel or i was and we submitted false statements in february we don't get to say sorry we made a mistake and withdraw them eight months later you would be facing criminal sanctions. the reality is the documents are necessary to find out what was going on and if there is a cover up here why, now you do have the chief of staff for the department of justice has resigned as of friday of this week. he gave his notice in, and as congressman darrell issa said that was long over do. i concur with the congressman. this is the beginning. this is unfortunately rolling, a drip, drip, drip approach to getting the answers here. i think what the department of justice should have just come clean in the beginning, said what happened, it was an awful mistake, it was terrible, it will never happen again and here is who is responsible, but that has not yet been answered. the fact that 14atf agents have

been charged, or accused and recommended to be terminated that is probably the right thing, no doubt about it, but there is a lot more to it than that. bill: you're saying this is just the beginning then. >> bill i think that civil contempt action in courts can address the document issue, and then ultimately you find out who is responsible for actually implementing these procedures and this operation. bill: we'll see what the atf does on the recommendations. in the meantime i know how strong you feel about this and you want answers from the department of justice to explain why that letter was submitted then retracted, and perhaps those answers are coming. >> absolutely. bill: or not. thank you. to our viewers at home hemmer@fox news.com or follow me on twitter at bill hemmer. shoot a tweet, get curious, one question and fire away. martha: former president bill clinton is dismissing the whole so-called fiscal cliff thing, he says, we don't have anything to worry about it. they are going to work the whole

thing out. bret baier joins us on that. bill: new documents shedding light on the accused colorado movie theater shooting suspect. what we are now learning about james holmes before the massacre that shook america. >> we are bringing bodies out get someone to the back as soon as we can. we have three to seven hits. >> we need rescue to move up to the rear of the theater. we have officers there. we request they come immediately for multiple victims. ♪ i don't wanna be right [ record scratch ] what?! it's not bad for you. it just tastes that way. [ female announcer ] honey nut cheerios cereal -- heart-healthy, whole grain oats. you can't go wrong loving it.

martha: new developments in the colorado movie theater massacre store raoefrplt the university of colorado released thousands of emails that shed new light on the shooting suspect james holmes. you may remember that holmes is accused of opening fire during a midnight showing of the batman movie, who could ever forget what happened that evening. he killed 12 people, wounded dozens more. alicia acuna is live in denver with what we are now learning about him. good morning. >> reporter: good morning, martha, one thing we are learning is that james holmes had volunteered for a brain imaging study, something known as an fmri, but he quickly withdrew his name from consideration saying that he had scheduling problems, at least that's what he told the person administering the study. we are also learning that james holmes had a brief romantic relationship with another grad student at the university of colorado, but that she was in india at the time of the shooting. the emails released by the

school were anything sent to or from james holmes account, so we also got a peak into how the university handled the news that one of the newly former students was a suspect in the massacre, including emails from an administrator all students asking them not to post anything about holmes on facebook or social media. separately it was also announced yesterday that the century aurora 16 theater will reopen to the public on january 17th. martha. martha: what is the status of this case at this point? >> reporter: james homes is expected in court on monday for yet another hearing. remember he hasn't even entered a plea he yet. that is something that will happen after the beginning of the new year. after the new year he will also meet the man who was expected to decide whether or not this will become a death penalty case. george brockler is the newly elected district attorney. he'll be sworn in

january 8th. he says he won't decide on pursuing capital punishment until he talks to the victims and their families, but he did say this. >> in terms of the death penalty itself, throughout the campaign and my entire professional career i have been in favor as the death penalty as a discretionary tool for an elected district attorney. as a military prosecutor i worked on a case in hawaii where we attempted to get capital charges on a specific murder case. >> reporter: the preliminary hearing in this case is scheduled right now for january 7th. mart in a. martha: thank you vermart in a. martha: thank you very much. bill: jim demint the pep tea party senator from south carolina will leave his position in the senate and take a job at the heritage foundation. it's news crossing right now. bret baier's timing is perfect. he's live in d.c. right now. good morning to you. >> reporter: good morning. bill: demint is the guy who came out of the pau palmetto state.

it was cut spending, make government smaller, and now this only after a couple of years. what do you make of it? >> reporter: this is a big deal. actually it's a surprise. frankly, many people inside washington believed jim demint might actually try to run for president at some time. some believed it was going to be last name, some believed he might even throw his hat in the ring for 2016. this announcement that he is leaving his post as senator, the junior senator from south carolina, and will take over at the heritage foundation, conservative think tank here in washington, that is a big job, and heritage foundation puts out a lot of things, as you know, and holds a lot of events here in washington, and his departure means that south carolina governor nikki hayley will name a successor who will have to run in a special election in 2014, but she'll name a successor and then you also have lindsey

graham, who of course is running forelection in 2013. so south carolina will have two, you know, potential option here, you have lindsey graham running, and then nikki hayley naming a successor for demint who is leaving in january. bill: we'll wait for a statement from him. i'm trying to figure out the reason why. out the reason why. that will be forthcoming. that is breaking. this is ongoing. there will be a fiscal cliff so don't worry about anything. that is what bill clinton is saying. he told an audience in sacramento that all the warnings of bloom and doom are political theater. quote now, the american people people are going to be sick when they watch it. it's just a kabuki dance, two dogs meating each other over a piece of meat they are sniffing each other out, end quote. always colorful. is that what is going on? >> reporter: there's been a lot of sniffing here in washington. i don't know if they like what

they are spelling down here on either side on the deal. yeah, people have been describing it like that, some people said it's like a scorpian dance, you know, they are kind of stalking each other and waiting to get in that room and make the deal. erskine bowles said something similar that, both sides can't really talk about what it's going to be, because they would get pummeled by the base if either side really knew what they are going to in the end agree to. that is the hopeful optimistic side that a deal will be reached. there is another side that says, this isn't as close as those optimists believe, and that this is going over the cliff, and i think there is 50-50 chance right now. bill: and on that point, treasury secretary timothy geithner was asked about it, asked whether or not, you know, the u.s. would go over the cliff, and whether or not we'd be ready for it. here is what he said, listen. >> if is the administration

prepared too go over the fiscal cliff. >> absolutely. there is no prospect to an agreement that doesn't involve those rates going up on the top 2% of the wealthist, remember it's only 2%. >> he did not blink. that is the treasury secretary. do they talk like that? >> it's really unique. this treasury secretary is very loyal to this president, treasury secretaries are, but he is saying essentially that the tax rates going up are essential, that the money is not essential, that the dollar figure is not essential, that the rates going up are essential, and that's just interesting. going over the cliff comes with a lot of -- a lot of things that could affect the economy and the treasury secretary knows that. bill: 10% unemployment. tax rates for everybody going higher. what are you hearing on the house side? among the house republicans, whether or not they are behind the speaker, whether they are

pulling away from him, where does that stand do you believe? >> reporter: you know, there are some on the house side that have a lot of concerns about the tax rates and that the speaker may cave. but you're starting to see some real stiffening of republican evolve, at least that's what they are talking about, that the speaker is starting to get everybody in line, and that they are lining up behind him, and that this is forming up to possibly, stand strong in whatever deal he comes to. now that comes to a point where if he's going to raise rates i think you might lose some members of the house republicans and the votes. how do you get those votes? that is the bottom line. bill: and how many democrats you can pull over if you go that way and whether or not they stand united. the drama is out there. brett, we'll see you later tonight okay 6:00 on special report. >> reporter: all right, bill.

martha: there is a family and they have a little girl who was suffering from cancer, so they took her out of the hospital and everybody has been looking for this girl, concerned about her well-being. now the family is speaking out, and they are criticizing the doctors of that arizona medical facility for poor treatment. could this family face charges for what they have done? our legal panel takes that on. bill: also he has been a focus all we can, that is nbc sports caster bob costas. he went into the spin zone to talk about his recent comments about the gun culture in america. costas and o'reilly in a moment. >> i believe that there should be more comprehensive and effective controls on the sale of guns. >> what does that mean? >> but that is not where i was coming from. wanna see me get some great deals?

ok! it's a new way to get cash back deals and it's called bankamerideals. i sign in to my online banking... click the "cash back deals" tab... and pick the deals i want. i just use my bank of america debit or credit card when i pay. and then i get up to 15% cash back... put into my account! i know, right? [ male announcer ] introducinbankamerideals, free for online banking customers. sign in to your online banking to choose your deals today.

martha: interesting political development that just crossed the wires a little while ago.

south carolina senator jim demint the junior senator jim demint, lindsey graham was the oaths one, he was reelected for a second term in 2010. he has four more years left on it. now he says surprisingly he's going to leave in january. he has clearly been one of the leaders of the tea party movement and someone who has been so strongly aligned with the effort to reign in spending and do everything possible to prevent the raising of taxes. you wonder what it is that entered into this picture and encouraged him to leave at this time. he's going to take a position at the heritage foundation. he says he has not given up the fight that he really did not want to be a career senator, and that's what he's doing. so more to come on that. we're going to let you know. bill: nbc sports caster bob costas with an explanation after his on air controversial remarks about gun control after a nfl

player shot his girlfriend and shot himself in front of hits head coach. it came at halftime after football night in america, that was sunday night. last night he stepped into the ring with bill o'reilly. watch. >> i thought it was self-evident that this was a domestic violence case n. retrospect i don't back up on anything i said, i think it might have been more effective if i said look if we're looking for perspective on this we're going to have a serious discussion within sports, an on going discussion not five minutes of faux tears about it, but a serious discussion about domestic violence, about the culture of the the game itself. that would have been more effective and led to less misunderstanding of when where i was coming from. i was talking about a gun culture. i never used the word second amendment. bill: there is a lot more to that conversation, it went eight and a half, nine minutes long, very interesting.

jovan belcher shot his girlfriend and then drove to arrow said stadium where he shot himself a. three-month-old girl no has neither father nor a mother. martha: terrible story here is another one that is getting a lot of attention this morning. new developments in the case of this missing 11-year-old girl. she is alou keeshe alou keep yeah patient known only to the rest of the country as emily right now. her father says her mother took her out of that facility in arizona, you can see this video of her leaving with her mom. they said they removed her from there because she was suffering, that they felt that she was not getting the care that she needed, and that she is safe, the family says, she is now being treated for her condition in mexico, according to them, but the phoenix police say that doctors were forced to calm pew tate emily's arm in a prior procedure because of an inspection she got from her chemotherapy. now they are very concerned she could get another infection because of this catheter

installed in her heart which was not removed proper plea because of the manner in which she left the hospital. i'm joined by jeff gold a former prosecutor, and deborah lum. jeff, what do we need to know about this legally? >> why did they do it and why are they talking to the police. the mom talked to hispanic radio. the dad gave a talk on a radio show. why aren't they talking to the police and quelling the fears that the child is okay. the dad said i'm speaking to my wife and daughter now, they are fine when he spoke to the today show. why not let the police speak to the mother and find out if the daughter is okay. they skipped out the day before they were supposed to be released. the child was supposed to be released. why was that? let's find some answers now the. martha: deborah, one of the big issues here obviously is parent alrights, this is your child. they voluntarily brought her to be treated at this medical facility. but you also have the issue of the prior infection and whether

or not the parents are serving this girl or whether they in anyway are endangering here. >> just quickly to speak to what jeff just spoke about, i believe that people do fear the authorities. as many of my clients will tell you the authorities will contact them and say they want to speak with them, then they end up being arrested. that's why the parents might not be speaking with the authorities. the parents do claim that they are treating their daughter. this comes down to the issue of whether they are proper plea treating their daughter and they say she is receiving medical care, and also were they acting in her best interests? they were very fearful. it seems that they had a daughter who had her karp arm amputated and they weren't getting answers, so they thought they were acting in her best interests. was it prudent? no. does it mean they committed a crime? this is your child. martha: that is the big issue here. your heart just goes out to this poor little girl. as you point out she's already

had her arm amputated. you can see the little child in the middle of the screen in that black t-shirt and you wonder what is going through her head. it raises so many questions, jeff. once they are in mexico i don't know that there is anything that anybody here on this side of the border can really do about it, is there? >> if there were charges. there needs to be an investigation first. the problem right now is apparently they left the day before. the child had a catheter in the heart still. the question is, is the child safe? if the authorities said, she is safe, in the care of another doctor in another hospital now i don't think anything would happen. the problem is the questions that have arisen. it why did they do this? it appears they were afraid of the bill. martha: i was going to mention that. the father said she felt she wasn't getting the proper care and that the bills were ricing anrising and rising and that is telling as well, is it not? >> it wasn't the proper care in the sense they did this the day before the scheduled release. they just didn't want to sign any papers or do anything --

martha: you're saying they skipped out on the bill. >> they didn't skip out off the bill. they had insurance that covered it. the hospital was pressuring them. they should have let the doctors properly check out the child. that is the responsibility. >> they felt the doctors weren't giving the correct care, and also they informed the doctors they were moving their child they know it would have taken a longtime before they actually had the ability to remove their child. >> it was the day before. that's all i'm saying. it was a day before, they skipped out on the hotel bill right before. martha: there are a lot of tricky questions going on in this one. thank you very much for trying to get at some of it for us. we'll keep an eye on it. bill: ultimately we hope the girl is okay. martha: we sure do. bill: jenna lee is on standby. she is coming up in eleven minutes. when we get to jenna in a moment shys only on the other side of the wall here but apparently there is -- there is an issue. stay tuned for an explanation on that. martha: should we go around and

ask her. bill: we could, actually. come on in here. today marks the day that marijuana goes legal in another state but the new law raises question for police and for drivers, how high they are asking is too high to drive? martha: that is a whole new world, right? from making laws to breaking the law, why a state senator is now behind bars. what it could mean for his high profile seat that he's running for. >> i don't know if he knew he had the gun on him. >> he said he forgot about it, it was in his bag. >> well that goes around a lot, a lot of people say they forget things. i'm just totally shocked. [ female announcer ] the humana walmart-preferred rx plan p-d-p gives you a low $18.50 monthly plan premium... and select generic hypertension drugs available for only a penny... so you can focus on what really matters.

call humana at 1-800-808-4003.

bill: a new challenge now as states legalize marijuana for medical and recreational use. law enforcement agent size now

working to develop driving limits like those you find for alcohol. pot officially becomes legal in washington state as of today, where there is already a driving limit in place. what is that limit? william la jeunesse live on that story in our west coast newsroom. william, good morning. >> reporter: bill, the purpose of course is to keep impaired drivers off the road, not bust pot smokers. there is no nation-wide limit on marijuana like alcohol .08. washington's new standard for drug driving is new and controversial. >> you want to know why i pulled you over, littering and smoke being the reefer. >> driving while high, while illegal research shows more drivers are toebgin toking. studies like this one in europe shows too much marijuana affects judgment. marijuana advocates argue pot is far less today bill taeugt than

alcohol. a new study says those who drive within three hours of smoking pot are twice as likely to cause a crash. >> the other effects we see with individuals who drive under the influence of marijuana is the reduced ability to perceive time and distance. >> how much is too much? >> i don't absolutely feel that we are in uncharted territory, i know for a fact we are in uncharted territory. >> 12 states have a zero tolerance level for pot. in washington state where marijuana is legal the limit is 5-nanograms her blood panel, some argue that is equal to alcohol. >> it's very difficult to determine whether or not that 5 man owe gram standard will change, similar to how the dui standards have evolved over the years. >> the problem is, heavy eyes are, though not impaired can test positive weeks after smoking. also, what you smoke and how you smoke it affects people differently. so even experts don't know how much pot causes impairment. >> for anyone to be able to say

that two hits or two dosages would get me 5 nanograms it nearly is impossible to make that determination. >> the compound in marijuana that makes you high is thc, it's stored in your fat. heavy pot smokers say they could smoke today and get busted two weeks from now. this challenge will likely be challenged. the pot lobby prefers the colorado standard which is the judgment of the officers that stops you. bill: it is new territory. we are about to see how it goes. or doesn't. william la jeunesse, thank you live in l.a. there. martha: there is a disturbing discovery now in the month-long search for two young cousins who took oef o took off on their bicycles a couple of months back. they were missing in iowa and now there are new nears today for these two little girls. we will be right back with america's news room. and you realldon't want to pay more than you have to. only citi price rewind automatically searches for the lowest price.

and if it findone, you get refunded the difference. just use your citi card and register your purchase online. have a super sparkly day! ok. [ male announcer ] now all youeed is a magic carriage. citi price rewind. start saving at citi.com/pricerewind.

♪ joy to the world the lord has could. martha: those are the trees o